I spy stupidity

Oh, for one simple set of federal based laws to replace the mess of contradictory state laws that create a costly minefield for employers.

The latest absurdity to cross the SmartCompany desk is the mess that Aussie Post has found itself in for “spying” on employees.

Australia Post introduced some technology to stop mail theft from its post boxes – as you would. Now we all like to know that no one is going to nick our letters – and that they will be delivered when Aussie Post says they will be delivered.

So it is good news that Australia Post can track when and where each postie or driver accesses a post box with their individual computer key.

But the technology uncovered something else: a few posties were accused of falsifying time sheets to claim overtime and faced dismissal before being reinstated.

Now concerns have been raised that Australia Post is using the technology to spy on staff. Guilty, says Australia Post executives, who add that it is not illegal under federal laws.

However, in NSW it is. NSW is the only state that requires the authority of the person for covert surveillance. 

This means for example that if you catch an employee stealing from your warehouse on your video surveillance which was set up to monitor production flow, you cannot use that as evidence.

Today the SMH reports that the NSW Attorney-General, John Hatzistergos, has intervened and will appear personally in the Federal Court today to argue Australia Post is answerable to criminal prosecution under the state workplace surveillance act.

Australia Post is fighting back, claiming that it is a Commonwealth government business enterprise and as such Commonwealth legislation will prevail over state-based legislation.

What a waste of taxpayers funds. And again it highlights the cost, confusion and absurdity of work-based state and federal laws.

NSW should dump its out of date workplace surveillance laws and adopt Victorian laws that permit surveillance in reasonable circumstances. Or even better: create reasonable federal laws that give both employers and employees clarity and protection.